Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Bill

Jim Shannon Excerpts

Wednesday 22nd January 2014 Commons Chamber

[Jim Shannon (Strangford) (DUP)]

I congratulate the shadow Minister on raising important issues. I do not say for one second that the Minister is ignoring them, but the fact is that charities are not convinced by the arguments put forward. The hon. Member for Stevenage (Stephen McPartland) said that the charities in his area have not contacted him with concerns. I can tell him that the charities in my constituency, and across the whole of Northern Ireland, have stated clearly that they do have concerns, and I want to present them now.

I support Lords amendment 45, which was tabled by Lord Harries of Pentregarth. He outlined some of the issues relating to seeking to narrow the requirement for third-party campaigners to account for staff costs, which has come up again and again. Charities in my area are deeply concerned by the original proposals, and we must address this. It is beneficial for staff costs to continue to be included in controlled expenditure in relation to election material, marketing and canvassing, and when they directly relate to communicating with the electorate. The simplification of the requirements will make them much more understandable and workable for charities. I agree with commentators who say that that will make it easier to comply with the proposed legislation. One need only ask any farmer about being bound in red tape by European legislation that stifles everything to understand why it would be prohibitive for charities to undertake the original provisions.

[Dr Whiteford]

Might that not also deter small charities from campaigning in the first place, as well as placing those that do under a regulatory burden?

[Jim Shannon]

I wholeheartedly agree with the hon. Lady, and that issue will run through all my comments.

I am thankful that the Lords has seen fit to make these amendments for our consideration. Were the amendments to fail, many charities could be prevented from doing charitable work, which would be a tragedy. The amendment on constituency limits will rightly reduce the regulatory burden on charities and voluntary organisations campaigning in individual constituencies. In particular, it will more clearly define the activities covered by the constituency controls so that they cover spending on election material sent to voters and households and unsolicited phone contact with them.

[Mr Alan Reid (Argyll and Bute) (LD)]

I am concerned that the amendment would exempt bill boards and advertising hoardings and allow a vast amount of money to be spent on them throughout our constituencies, without coming under the constituency limit.

[Jim Shannon]

I thank the hon. Gentleman for his comment, and clearly those are issues that all charities have concerns about.

The amendment would also reduce the amount of red tape for charities simply seeking to help people who are unable to bear their own burdens. I have been contacted by charities—in Northern Ireland and across the UK—highlighting how some constituency boundaries split towns between two constituencies. For example, Ballynahinch is not only in my beautiful constituency, but in the constituency of South Down—the hon. Member for South Down (Ms Ritchie) is not here—which makes clear why the amendment is necessary. I hope, therefore, that the House, like me, will support it.

I also support the amendment that would allow charities that work together in coalition to campaign together. Our recent debate on rare diseases, such as Duchenne and Prader-Willi, in Westminster Hall brought together and gave a voice to many different charity and health bodies. It was clear that such charities were so small that it made more sense for them to campaign and fundraise together under the umbrella of rare diseases while still working for their individual illnesses. The current situation is working and should be allowed to continue working, and the amendment goes some way to allowing them to work together to the benefit of all member groups. It would also eliminate the unfair anomaly in existing law that means that a partner in a charity coalition campaign on one issue would be limited in its spending on other, totally unrelated issues by virtue of the continued spending by other charity coalition partners.

Mencap has said:

“However, we are still concerned about the potential of the Bill to curtail legitimate campaigning by voluntary and community organisations. On a practical level we are concerned that staffing costs are still to be included in regulated expenditure and the rules around separate organisations working on joint campaigns are still unclear. We are most concerned about the subjective way in which the Bill aims to determine the intentions of a campaigning activity. Charities are already bound by charity law which prohibits party political campaigning. However, this Bill applies to campaigning by organisations which might influence elections—whether they intended to or not.”

We need clarity on how that issue of intention to influence will be dealt with, but we have not had it from the Minister. I agree with the comments of the shadow Minister and of the charities and organisations concerned, and I support the Lords amendments.

[Dr Francis]

At the outset, I should say that I speak this afternoon as Chair of the Joint Committee on Human Rights, and draw the House’s attention to my entry in the Register of Members’ Financial Interests.

Many of these amendments relate to amendments suggested in the Committee’s report, and I wish to acknowledge that the Government have moved considerably in its direction, particularly in relation to raising the threshold for non-party organisations to register with the Electoral Commission; to raising the spending limits for Scotland, Wales and Northern Ireland; to reducing the regulatory period for the 2015 general election; and to introducing a review of non-party campaigning rules after the 2015 general election. Once again, we wish to place on the record our thanks to the Government for making those changes.

Let me move on to deal with some of the specific amendments. Given the concerns about the potential “chilling effect” of the Bill, it will be important for any post-election review of the non-party campaigning rules to include a careful examination of the impact of part 2 on campaigners’ rights to freedom of expression and association. Does the Minister envisage that such a review will specifically examine the practical effects of the Bill’s provisions on campaigners’ rights to freedom of expression and freedom of association?

It is worth noting some of the comments made in the second Chamber about the Government’s proposed post-election review of non-party campaigning rules after the 2015 general election. In withdrawing his amendment to exclude charities from the rules, Lord Phillips of Sudbury said that the review of the workings of this legislation in the wake of the 2015 election would be vital. In the discussion on the Government’s amendment to establish the post-election review, Lord Harries also stressed that this review would be essential.

In welcoming the Government amendment, let me nevertheless express once again unease at the fact that so much reliance is being placed on post-legislative scrutiny, particularly when there is an election in the intervening period, and repeat the concerns raised by the Joint Committee on Human Rights about the lack of consultation and pre-legislative scrutiny prior to the Bill’s publication.

Before concluding, let me draw attention, as other Members from across the Chamber have done, to the views and contribution of constituents. One of my constituents, Sylvia John of Briton Ferry, is one of many who wrote to urge me to support the Lords amendments, which I shall do later. Her words were echoed by Children in Wales, one of the most respected charitable organisations in Wales, whose chief executive, Catriona Williams said that the Bill remains “deeply problematic”.